§574-A. Ineligibility
The Legislature finds that when the value of a recreational use lease of forest land exceeds the value of the tree growth that can be extracted from that land on a sustained basis per acre as determined pursuant to section 576, then the land is no longer primarily used for the continuous growth of forest products. This finding is sufficient cause to remove from taxation under this subchapter those parcels that are more valuable for recreational use and are being leased on that basis. Therefore, notwithstanding sections 573 and 574‑B, a parcel of forest land that is leased for consideration to any person to use for recreational purposes does not qualify for taxation under this subchapter if that parcel of land exceeds 100 acres and if the consideration for that lease per acre exceeds the value of the growth that can be extracted on a sustained basis per acre as determined pursuant to section 576. The owner of the leased parcels shall submit a copy of the lease or leases on land subject to taxation under this subchapter to the State Tax Assessor for land in the unorganized territory and to the municipal assessors for land in municipalities. The State Tax Assessor or the municipal assessor shall determine whether the value of the lease exceeds the sustained growth value. If the value of the lease is determined to exceed the sustained growth value, the owner of the forest land has 60 days from the date of receipt of notice of that determination to either terminate the lease, amend the lease to comply with the requirements of this section or withdraw the land covered by the lease from taxation under this subchapter. A withdrawal pursuant to this section is subject to the provisions of section 581. [PL 2007, c. 627, §14 (AMD).]
SECTION HISTORY
PL 1987, c. 755 (NEW). PL 1989, c. 508, §9 (AMD). PL 2007, c. 627, §14 (AMD).
Structure Maine Revised Statutes
Subchapter 2-A: TREE GROWTH TAX LAW
36 §574. Applicability (REPEALED)
36 §574-C. Reduction of parcels with structures; shoreland areas
36 §575. Administration; rules
36 §575-A. Determining compliance with forest management and harvest plan
36 §576-A. Valuation of areas other than forest land
36 §576-B. Discount factor and capitalization rate
36 §577. Reduced valuation under special circumstances
36 §579. Schedule, investigation
36 §581-A. Sale of portion of parcel of forest land
36 §581-B. Reclassification and withdrawal in unorganized territory
36 §581-C. Mineral lands (REPEALED)
36 §581-D. Mineral lands subject to an excise tax
36 §581-E. Report to the Bureau of Forestry (REPEALED)
36 §581-F. Report to the Bureau of Forestry on land in unorganized territory
36 §581-G. Report to Bureau of Forestry
36 §582. Appeal from State Tax Assessor (REPEALED)
36 §582-A. Payment for tax pending review (REPEALED)